Miami Criminal Lawyers Blog

In 2008, a migrant worker who was in Homestead, Florida, abducted two small girls. Lindoro Alvarado, who is 54 years of age, was renting a room from a woman who had young children last year. Alvarado kidnapped her two daughters, who were three and six years old at the time of the kidnapping. He then sexually abused the older girl in the woods, according to the Miami-Dade State Attorney's Office. Police searched for the girls, who were eventually found, in a massive operation that garnered widespread attention from both local and national news media outlets.

Miami criminal lawyer John Musca has learned that Alvarado accepted a plea deal this week. Alvarado pleaded guilty to a number of charges stemming from the abductions and sexual assault and, according to the terms of the deal, will serve 22 years in a state prison.

Alvarado may never go free, however. He is also subject to 20 years of probation for his crimes, but more importantly, the state of Florida is likely to invoke the Jimmy Ryce Act upon his release. The Jimmy Ryce Act allows state officials to civilly commit sex offenders and sexual predators after their release from prison or jail, ostensibly to receive ongoing treatment until they are deemed safe to be released back into the community. The treatment facility in Arcadia, Florida, has been heavily criticized for its lack of viable treatment - generally not more than five hours per week - security problems, and the difficulty offenders have in obtaining release, even though they have completed their sentencing as required for their criminal convictions. Sex offenders and sexual predators are evaluated for placement in the facility based on their perceived likelihood of reoffending. Their cases are evaluated by several state officials, including representatives from the State Attorney's Office and the Department of Corrections.

Read more here.

Florida laws prevent convicted sex offenders and sexual predators from residing within 2,500 feet of certain locations. The statute is designed to prevent sex offenders from being near children, regardless of whether the crime for which the offender was convicted actually involved a child. Registered sex offenders and sexual predators, which are those people who have been convicted of certain sex crimes in Florida or other states, cannot live near parks, public or private schools, community libraries, and other locations.

Miami criminal attorney John Musca believes that although the laws were enacted to prevent habitual sex offenders from continuing to prey on young children, there are dire consequences. After all, a person who has completed his prison sentence or other sentence imposed by a court of law after a criminal conviction has paid his debt to society. The fact is that there are very few suitable living arrangements for registered sex offenders in Miami. Although this may not concern certain "tough on crime" factions, the issue is still there: registered sex offenders are the street are not good for anyone and such living arrangements are unlikely to promote family reunification and sex offender rehabilitation.

A number of sex offenders now live under bridges, most famously underneath the Julia Tuttle Causeway downtown. Approximately 70 sex offenders live there, huddled in tents in unsanitary conditions. If the ultimate goal of the criminal justice system, after punishment, is to rehabilitate and reintegrate offenders, then the current system is failing. The sex offenders do not have good access to sanitation and are unlikely to find employment, as they are homeless and do not have anywhere to shower or wash their clothes. One vocal advocate of change,Dr. Pedro Jose Greer, says, "What we're doing is we're saying 'let's take the people that we most despise, that did some of the most egregious things in society and let them all get together and not supervise them and let them wander around the community.'"

The original report is available here.

In the last few days, the Musca Law Miami criminal lawyers have been following the media coverage of three different shootings by local police officers. Each incident resulted in a fatality. Miami residents are concerned about the rash of violence, especially as the shootings are now being investigated by the Miami-Dade police department to determine if the law enforcement officers involved acted appropriately when discharging their weapons.

Last night, a Miami-Dade police detective shot and killed a man suspected of committing armed robbery, Miami criminal attorney John Musca has learned. The law enforcement agency has yet to release either the name of the deceased nor the identity of the officer who fired the weapon.

On Thursday night, another still-unnamed suspect was fatally wounded. Police say that the suspect carjacked a taxi in Miami Beach, then caused a head-on collision when driving the wrong way on MacArthur Causeway. At that point, the suspect began shooting at police officers, who returned the fire. He was pronounced dead at Ryder Trauma Center. Meanwhile, the two police officers who were involved in the exchange of gunfire were put on administrative leave. The officers were Frank Celestre and Adam Tavss. Officer Tavss had only just returned to his normal duties after he was put on leave for a few days following a third fatal shooting on June 14, which he was also involved in.

According to some reports, Officer Tvass shot and killed Husien Shehada, a tourist from Virginia. Police had received reports that he and his brother were armed, although neither were. His brother was arrested for battering his girlfriend, a charge she has denied vehemently. The shooting has drawn stark criticism because Shehada was unarmed, although he and his brother were allegedly using a coathanger and a bottle to appear as though they were, and the pair had been involved in a fight earlier in the evening according to a Miami Beach bouncer who called police.

The following video discusses the death of Shehada, but the views expressed do not necessarily reflect those of Musca Law:

Read more here.

James von Brunn, the man accused of opening fire at the Holocaust museum in Washington, D.C. last week, has now been accused of a new criminal offense, Miami criminal attorney John Musca has learned. Von Brunn allegedly parked a red car in front of the museum, got out with ammunition and at least one gun. He is accused of fatally shooting a security guard with a .22 caliber rifle. Police have recovered two guns and dozens of rounds of ammunition from the red Hyundai he drove to the museum and left double-parked outside its doors.

Now, von Brunn is accused of a sex crime: possession of child pornography. Investigators have been searching his home, computer, and his writings for more information regarding the shooting. Von Brunn is an outspoken white supremacist. He operated a website devoted to espousing his racist and anti-Semitic views.

Von Brunn was shot when two other security guards returned fire and he remains hospitalized due to his injuries. The security guard who was killed, Stephen Johns, was apparently opening the door for von Brunn to enter the museum when von Brunn shot him to death, says Miami criminal attorney John Musca.

The elderly von Brunn, who is 88, has gained national notoriety between this crime and his 1981 attempt to violently take over the Federal Reserve Board headquarters building. He served six and a half years in federal prison as a result. Prosecutors have said publicly that he is expected to recover and face trial. It is not clear, however, if von Brunn will face child pornography charges, nor did law enforcement officials release details regarding the content found on his computer. If convicted of possession of child pornography, von Brunn would likely have to register as a sex offender and spend time in prison, although prosecutors may not charge him if he is convicted for a separate crime, such as the murder of Johns.

More information is available here.

According to law enforcement officials and the Miami-Dade State Attorney's Office, a group of young men from Florida are responsible for the shooting death of Sean Taylor on November 27, 2007. Taylor, who was 24 years old at the time of his death, was a former football star at the University of Miami who had gone on to a professional career with the Washington Redskins. Taylor was awakened in his home in Miami-Dade County at approximately 1:00 in the morning after hearing noises. Burglars had broken into his home. Taylor grabbed a machete and went to investigate what was causing the noises.

Investigators believe it was then that Taylor met a group of young men, all of whom are originally from Fort Myers, Florida. Venjah Hunte, 21; Jason Mitchell, 21; Timmy Lee Brown, 17; and Charles Wardlow, 19, have been arrested in conjunction with the crime, along with 18-year-old Eric Rivera, who police believe was the shooter. With the exception of Hunte, all of the men are being held without bond as they await trial on January 19, 2009, where each will face the possibility of life in prison. Prosecutors have stated that they will not seek the death penalty. Hunte, meanwhile, is attempting to retract a guilty plea he previously entered in exchange for a 39 year prison sentence. A judge is expected to rule on the matter at a hearing on June 19.

Regardless of which of the young men pulled the trigger, the state can pursue murder charges against all of them due to their involvement in a dangerous felony - burglary of an occupied dwelling - from which Taylor's death is not an altogether unforeseeable consequence. Florida Statute 782.04(1)(a)(2) lays out the provisions of Florida's felony murder rule; the burglary law is Florida Statute 810.02.

If you have been arrested for a theft crime in Miami-Dade County, contact the experienced criminal defense attorneys at Musca Law to discuss your case.

An article is available here.

During these hard economic times, theft crimes have become more common, especially in parts of Miami. Theft can take many forms: grand theft, car theft, burglary, robbery, and shoplifting are among the kinds of cases Miami judges see on a day-to-day basis. Brad Brekke, a former agent for the Federal Bureau of Investigation who now works in the assets protection unit for Target, believes that the economy significantly impacts the type and amount of theft crimes that occur. "There is definitely economic pressure generating more activity across the board - fraud, theft, cyber crime. The intensity has gone up as the economy has gone down," he said of the rise in thefts.

The National Retail Federation surveyed its members recently, ultimately concluding that retailers are experiencing more thefts and shoplifting, but that the stores are also fighting back harder. Major stores are now sharing information about shoplifting suspects, including which items they are taking, in a database accessible to all. The competing stores believe it is in their overall best interest to work together to stop theft, especially organized shoplifting rings. Florida law enforcement agencies cracked an organized ring last year after finding large quantities of stolen powdered baby formula in a traffic stop. According to investigators, men waited outside retail chains in getaway vehicles, while female "shoppers" went inside and slipped containers of baby formula into a purse, then walked out of the store. Each container of infant formula was valued at about $25.

Retailers also want to avoid alienating regular consumers just to reduce shoplifting. Some proposed solutions including putting high-theft items in locked display cases. Unfortunately, retailers have found that consumers are less likely to purchase items if they are locked up. Another solution is to train retail workers to speak to customers throughout the store. When shoplifters have the sense that employees are watching them or might engage them in conversation, they are less likely to proceed with the theft crime. The theft law is Florida Statute 812.014.

The original report is available here.

On Tuesday, a federal judge informed the president that he will be resigning, although his resignation will not be effective until June of next year. United States District Judge Samuel Kent, who presides over a courtroom in Texas, submitted the resignation following the acceptance of his plea deal in a sexual assault case. Kent admitted to attempting to force two of his subordinate employees, a case manager and a secretary, to engage in unwanted sex acts with him.

Under the U.S. Constitution, the only way to remove a sitting federal judge is by impeachment, a power vested in Congress. Federal judges are appointed for life because they should be more impartial; if they were re-elected every few years, they would be tempted to hand down decisions that are popular rather than correct from a legal perspective. For example, a pre-Civil Rights Era Supreme Court Justice might not have authored the Brown v. Board of Education opinion, which famously declared that separate is not equal, if he had to answer to the voting public. Judges are supposed to be immune from the pulls of popular opinion. The House of Representatives was scheduled to begin the process of impeachment this week, but that will likely not continue, and Ken had decided not to speak on his own behalf before the House Judiciary Committee.

Initially, Kent had attempted to retire on the basis of a disability, a move which, if granted, would have allowed him to continue drawing his six-figure salary permanently. His petition was rejected, however, and he submitted the resignation letter effective more than one year from now due to his desire to maintain health care benefits for his wife, who is ill with brain cancer. In the meantime, Ken will serve his sentence of 33 months in prison in addition to a $1,000 fine and about $6,000 in restitution to his victims.

An article is available here.

A New York shopkeeper found himself the victim of a late-night robbery recently, but a turn of events made it an unusual hold-up. Mohammed Sohail, who is originally from Pakistan, was closing up his store near midnight when a man armed with a baseball bat walked into the store. The robber announced his intentions and Sohail stalled momentarily before locating the rifle he keeps in the store in the event of just such an emergency. As soon as Sohail pulled out the gun, however, the tides turned significantly.

The would-be robber dropped to the ground, requesting Sohail's mercy. He was only stealing in order to feed his family, the robber said, because he was unemployed. Sohail took pity on him. Describing the unusual encounter, he said,"This was a grown man, crying like a baby. He started crying that he was out of work and was trying to feed his hungry family," he said. "I felt bad for him. I mean, this wasn't some kid."

Sohail gave the man forty dollars and a loaf of bread, but only after he secured a single promise from him: not to rob anyone again. The robber insisted that he wanted to be a better person and to become a Muslim, like Sohail. Sohail pretended to "swear in" the robber as a new Muslim, shook hands with the man, and then went to the back of the store to get milk for the robber to take to his family with the bread. When he returned, the robber was gone. Although Sohail reported the crime to the local authorities, he does not want the man to be prosecuted in the event he is caught. The store's surveillance camera caught the encounter on tape, but the man was masked throughout the attempted robbery. Sohail told a reporter that this was the only time anyone had ever attempted to rob his store.

The original report is available here.